Last modified on January 23, 2023

1. Acceptance of Terms

Thank you for using Racetrack Hero. The racetrackhero.com website, the associated Racetrack Hero mobile applications, and telemetry devices (collectively referred to herein as the “Platform”) and the services offered through the Platform (the “Service”) are owned and operated by Orcha Software LLC, an Illinois limited liability company (the “Company”). By using the Platform or Service, you are agreeing to the following Terms of Service (“TOS”), regardless of whether or not you are a registered customer of the Company. The TOS may be updated from time to time and the Company will post the latest TOS at https://www.racetrackhero.com/terms. Please be sure to regularly check for updates and changes.

In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to these TOS.

IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THIS PLATFORM OR SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TOS FOR ITS USE.

2. Description of Service

The Service allows users, through the Platform, to stream, upload, retrieve, save, and share a wide variety of motorsports data analytics recorded by the users through the Company or uploaded manually by other systems. In using the Platform, users will be permitted to use the Platform’s different features to: (i) connect with professional instructors around the world and receive advice from experienced instructors; (ii) watch live high performance driver education (HPDE) events and analyze other drivers racing line, braking points, and other data points; (iii) engage in “car-to-car” communication while on the racetrack allowing drivers see each other’s lap times in real-time; and (iv) maintain a driver’s biographical profile (“Bio”) which may be shared online and through third-party platforms. The telemetry device is a piece of hardware that you connect to your car and allows for a seamless and live upload of motorsport data analytics for the benefit of drivers in the race or other users globally. Using the Web, App Store (“IOS”), Google Play or the Android app, (collectively “Apps”) users will be able to download the App for use in reviewing leaderboards, other drivers lap times, or building their Bio. Certain features may be unavailable without the telemetry device.

YOU MUST USE THE PLATFORM AND SERVICES IN COMPLIANCE WITH ALL LAWS, RULES, REGULATIONS, AND SAFETY STANDARDS AND NORMS GOVERNING THE OPERATION OF ANY VEHICLE. YOU MAY NOT USE THE PLATFORM OR SERVICES IN A METHOD OR MANNER THAT IS DANGEROUS.

ALWAYS CONSULT A QUALIFIED DRIVING INSTRUCTOR BEFORE ENGAGING IN ANY MOTORSPORTS ACTIVITIES. 

Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new users and users statistics, are subject to the then current TOS. 

The Company reserves the right to modify or terminate the Platform or Services, or your access to the Platform or Services, at any time and for any reason. In addition, Company has the right, but not the obligation, to adjust, edit, or delete any materials, data, links, posts, or comments which Company may find objectionable, inaccurate, inappropriate, or to have been posted in error, in the Company’s sole discretion.

You may only use the Platform and Service for purposes expressly permitted by this TOS. As a condition of your use of the Platform or Service, you represent and warrant to Company that you will not use the Platform or any Service offered therethrough for any purpose that is unlawful, offensive, and/or prohibited by this TOS.

You alone are solely responsible for any activity that takes place on the Platform or through the Service under your username and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username at all times.

You understand that you may receive business-related communications from Company such as Service announcements and account administrative notices, and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive such communications.  You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of your use of the Platform or the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that the Company contact you about certain services, you authorize the Company to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to Company throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date, to be sure that important emails sent to you are not blocked or re-routed to spam folders.

As a user of the Platform and the Service you also understand and agree that the Platform and Service may also include advertisements or links. You agree that such advertisements are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of such third-party services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser, and therefore subject to the advertiser’s terms of service and privacy policy. You agree that the Company shall not be responsible nor liable for any loss or damages incurred or sustained as the result of such dealings or as the result of the presence of such advertisers on the Platform or through the Service.

3. Rules of Behavior

• You must be at least eighteen (18) years of age to use the Platform or Services. 

• You will not use the lap timing feature except during sanctioned competitive racing events. The lap timing feature may not be used during street driving, high performance driver education events, other non-competitive events, or where restricted by the rules of any event. 

• You shall not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.

• You shall not violate the privacy or publicity rights of others.

• You shall not take any action which may subject other users or the public to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).

• You shall not use the Services or Platform in any way which is dangerous or unsafe. 

• You shall not take any action which may subject other users or the public to anything which harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or financial information of any kind, without the users’ prior express consent in each instance.

• You shall not take any action which may subject other users or the public to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.

• You shall not take any action that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of another user or of any third-party without prior written permission from said user or third-party in each instance, which written permission you agree to disclose to the Company at any time upon Company’s request (subject to all applicable laws). You shall not intentionally download any material that you know or should reasonably know cannot be distributed legally.

• You shall not impersonate another person, group of people, or entity at any time, and the prohibition of such activities shall also include not using anyone else’s username or password.

• You shall not use the Platform or Service for any illegal, immoral, or unauthorized purpose.

• You shall abide by all applicable federal, state and local laws at all times. If you are outside of the United States, you shall comply with any and all local laws as well with respect to your online conduct, including without limitation, the exportation of data to the United States or to your country or residence.

• You shall not transmit any viruses, worms, defects, Trojan horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.

• You shall not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on the Platform or in the Service.

• You shall not take any action which disrupts the normal flow of Content on the Platform, or otherwise take any action which affects the ability of other people to engage in real-time activities through the Platform.

• You shall not interfere with or disrupt the Platform, the Service, the servers, or networks connected with the Platform or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform or Service.

• You shall not create member accounts under any false or fraudulent pretenses (including by automated means).

• You shall not engage in any “spamming” of any kind, including without limitation ad spamming.

• You shall not use the Company’s or Platform’s name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the Company or the Platform is associated with, or endorses, or is in any way connected with you or any company or business with whom you are associated.

• You will not disassemble, reverse engineer, or misuse any portion of the Platform, including (without limitation) any component of the telemetry device. 

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, THE COMPANY MAY TERMINATE YOUR USE OF THE PLATFORM AND SERVICE IMMEDIATELY, WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT TO A REFUND, SET-OFF, OR HEARING.

4. Content

As a user of the Platform or Service, you will be provided access to a variety of materials and information, which may include, but shall not be limited to certain text, audio, video, photographs, graphics, and other informational data.  All materials contained on the Platform, whether uploaded by the Company or by any third-party, shall be considered (“Content”). Company does not warrant or guarantee any Content uploaded by the Company, nor does it screen, warrant, guarantee, or endorse any Content uploaded by any third-party.  

The Company shall have no liability of any kind with respect to any Content listed on the Platform, or your use or reliance thereon. You agree that you must assess and bear all risks associated with your use of any Content of the Platform, or contained in any links found on the Platform. In this regard, you may not rely on any Content created by the Company or by any third-party, or otherwise created, distributed and displayed on any part of the Service. The Company does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.

You acknowledge that Company may or may not pre-screen Content and that the Company and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS, which was posted on the Platform or through the Service in error, and/or is otherwise objectionable as determined by the Company in its sole discretion.

The Company may preserve and store your account information if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that your actions may violate the rights of third-parties, and/or to protect the rights, property or personal safety of the Company or its officers, employees and agents, the Platform, the Service, users of the Platform or Service, or the general public.

The Company respects the intellectual property of others and the Company requests its users do the same. In certain circumstances and at its discretion, the Company may, but is not obligated to disable, suspend and terminate the accounts of users who may be infringing on the rights of others. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company as soon as practically possible with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;  

2. a description of where the material you claim is infringing is located on the Platform;

3. your name, address, telephone number, and email address;

4. a statement claiming that you have a good faith belief that the disputed use has not been authorized; and

5. a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.

Upon receiving a sufficient and proper notification of alleged copyright infringement as described above, the Company will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to the Company by mail, fax or email as set forth below:

Orcha Software LLC 

https://www.racetrackhero.com/
Email: team@racetrackhero.com

Phone: +1 224 5130 820

Mailing Address:
Orcha Software LLC,
3333 Warrenville Road, Suite 200, Lisle, IL, 60532

5. Payments

In order to use or access certain features through the Platform and Service offered by the Company, you may be required to pay a subscription fee, depending on the type of subscription and user account you have enrolled in through the Platform and Service.  Any such subscription fees which may be applicable may be billed on a recurring monthly basis, or payable upfront for the entire year, depending upon the Service enrolled in, and pursuant to the current pricing structure of each Service offered at the time of enrollment.  In the case of any such subscription fees, if applicable, the descriptions of the subscription Service and access to certain Content, which may be made available to you by Company for enrollment, along with the cost of each subscription or Service, shall be detailed within the Platform.  The costs of these Service, access to certain content, and use of the Service, shall be subject to change at any time at the Company’s sole discretion.  

Depending on the applicable subscription enrolled in, the Service and corresponding subscription fee you select may automatically renew at the end of each billing cycle, if the Service are not cancelled prior to the last business day before the next scheduled billing date.  As such, in the event that you wish to cancel or terminate your subscription, it is your sole responsibility to follow the cancellation procedures specified on the Platform in order to properly submit a request for the termination of your subscription. 

In order to make payments required to satisfy any applicable subscription fees, or to otherwise compensate the Company for any other Service offered through the Platform, you may be asked to input personal and/or business banking information, including but not limited to, credit card information, billing addresses, bank account information, or account information for other payment Service offered, such as Stripe or other similar payment methods made available at that time.  The Company hereby reserves the right to add, retract, change, or discontinue the allowance of the use of any payment method offered on the Platform, in Company’s sole discretion.  Any such payments shall be made in strict accordance with both the terms hereof, and the terms of service of any third-party, which the Company may elect to use for the processing of such payments, within Company’s sole discretion. 

The Company shall be under no obligation to make any refunds of any kind. 

6. Links

Through the Service, the Company or other third-parties may provide links to other websites or resources, which are not maintained by or related to the Platform or Service. Links to such websites are provided as a service to the users and are not sponsored by, endorsed or otherwise affiliated with the Company. The Company has no control over these websites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such websites. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any materials, goods or services offered through these links or any failures and/or disruption to your mobile device or computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.

7. Indemnification

You agree to indemnify, defend, and hold the Company, its owners, affiliates, officers, agents, and employees harmless from and against any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of the Platform or Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation.

8. No Resale of Service

You agree not to, without the express prior written consent of the Company in each instance, reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Platform, Service, Content or other information or materials of any kind that you do not own.

9. Modification and Termination of the Service  

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third-party for the consequences of any modification, suspension or discontinuance of the Service.

10. Company Privacy Policy  

The storage and any use of personal and other certain information shall be subject to Company’s Privacy Policy. As a condition of using the Platform or Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. The Company’s Privacy Policy, which is incorporated herein by reference, is located at https://www.racetrackhero.com/privacy. You agree that your use of this Platform or Service is subject to the Privacy Policy, and therefore, agree that you will not use this Platform or Service unless and until you review the Privacy Policy and agree with its terms in its entirety.

11. Practices regarding Use and Storage

You acknowledge that the Company may establish general practices and limits regarding use of the Platform or Service offered therethrough including, without limitation, the maximum number of live stream events watched per user per day, week, month, or year, the maximum number of coaching consultations any user may attend, physically or virtually, in any given day, week, month, or year, the frequency, volume, and maximum size of any email message or other method of communication that may be sent from or received by an account through the Platform or Service, the maximum amount of disk space that will be allotted on Company’s servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store or transmit any messages, data, statistics, communications or other Content maintained or transmitted by the Service. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits from time to time, within Company’s sole discretion.

12. Company Proprietary Rights; Trademarks and Copyrights

You acknowledge and agree that the Platform and Service contain proprietary and confidential information that is the property of the Company and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the software or hardware used in connection with the Platform or any Service offered therethrough is provided, transferred, or assigned to you. You further acknowledge and agree that all content contained in information presented to you through the Platform or the Service, is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized in writing by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform, the Service, software, or hardware in whole or in part, at any time. You also acknowledge the Company’s exclusive rights in the Company’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Platform or through the Service are the property of the Company or the party that provided such intellectual property to the Company. The Company and any party that provides intellectual property to the Company shall retain all rights with respect to any of their respective intellectual property appearing on the Platform or through the Service, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

13. No Co-Branding or Framing

You may not use or authorize any party to co-brand or frame the Platform or any Service offered therethrough without the express prior written permission of an authorized representative of the Company, as applicable, in each instance. For purposes of this TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute any materials associated with the Platform or Service, in whole or in part, and/or any content accessible within the Platform or Service. For purposes of this TOS, “framing” refers to displaying any Company associated Platform or Service within a bordered area of another website, regardless of whether the web-address of the originating Platform is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from the Company.

14. Disclaimer of Warranties

THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ACCESS TO THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

THE COMPANY MAKES NO WARRANTY THAT (1) THE SERVICE OR CONTENT OFFERED THEREON WILL MEET YOUR REQUIREMENTS, (2) ACCESS TO THE PLATFORM AND SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED ON THE PLATFORM OR THROUGH THE SERVICES, (4) THE SERVICES ACCESSED, PURCHASED, OR OBTAINED THROUGH YOUR USE OF THE PLATFORM WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE PLATFORM , SOFTWARE ITSELF OR HARDWARE WILL BE ERROR-FREE, AND/OR ANY ERRORS IN THE PLATFORM, SOFTWARE, OR HARDWARE WILL BE CORRECTED.

YOUR USE OF THE WEBSITE, THE APPS OR THE TELEMETRY DEVICE SHALL BE DONE SOLELY AT YOUR OWN RISK, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE COMPANY HEREBY FULL DISCLAIMS ANY LIABILITY, NOR DOES THE COMPANY MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO YOUR USE OF ANY OF THE PLATFORM OR SERVICES.

UNDER NO CIRCUMSTANCE SHALL THE COMPANY BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY ARISE OUT OF OR ARE IN ANY WAY YOUR USE OF ANY PLATFORM OR SERVICE, OR ANY OTHER THIRD-PARTY. UNDER NO CIRCUMSTANCE SHALL COMPANY BE DEEMED TO BE AN AGENT OF ANY OTHER THIRD-PARTY.

No advice or information, whether oral or written, obtained by you from the Company or through or from the Platform or Service, shall create any warranty not expressly stated in these TOS.

15. Limitation of Liability

You acknowledge that driving or participating in motorsports is inherently dangerous and agree to be solely responsible for any risks associated therewith. You expressly understand and agree that the Company will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages resulting from personal injury, death, or dismemberment, damages for loss of use, data, or other intangible losses, costs, fees, monetary losses, or losses of other benefits, even if the Company has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use Platform or Service themselves, use of the telemetry device (including, without limitation, property damage) or through the use of and/or reliance upon any Content or information offered through the Platform or Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third-party including the cost of procurement of substitute goods or services resulting from any services, materials, goods, data, or information purchased or obtained, or messages received, or transactions entered into through or from the Platform or Service, and/or any other matter relating to the Platform or Service. In no event will the Company be liable to you for any amount of other damages exceeding one thousand dollars ($1,000). 

16. Information Pertaining to Specialist or Professional Matters

The Company does not review or endorse information provided by third-party users through the Platform and you agree to utilize or rely upon such information solely at your own risk. 

17. Racing, Mechanical, Safety, and/or Coaching Disclaimer

The Platform and Service do not contain any form of advice pertaining to racing, mechanical, safety, and/or professional coaching, nor does Company provide the same. The Content, such as text, graphics, images, data, and other material are intended for informational purposes only and not for the purpose of rendering any racing, mechanical, safety, and/or professional coaching advice or consulting of any sort. The Content is not intended to substitute for professional racing, mechanical, safety, or coaching advice. Although the Company takes efforts to keep information on the Platform updated, the Company cannot guarantee that the information on the Company’s Platform reflects the most up-to-date data or information.

Please consult your personal instructor, mechanic, safety advisor, or coach for personalized racing, mechanical, safety, coaching or other professional advice. Never disregard or delay seeking racing, mechanical, safety or coaching advice because of something you have read through the Service or Content. 

Not all Content, products, services, techniques, or activities described on the Platform or through the Service are suitable for everyone.  The Company does not recommend or endorse any specific services, products, processes, techniques, or any other information or Content provided on its Platform or through the Service. Reliance on any Content or information provided by the Company, its employees, any third-parties, or any other visitors to the Platform, is solely at your own risk.  You understand and agree that you are solely responsible for your use of the Platform and Service.

18.  Confirmation of Acceptance and Electronic Signatures

You hereby acknowledge and agree that any electronic signature, confirmation checkbox, acceptance button, or any further action of confirmation or agreement, which may be taken by you on the Platform or through the Service, shall be deemed valid, legally binding, and enforceable.  You hereby acknowledge and agree that by clicking on any button labeled “I Accept,” “Confirm Purchase,” “Submit,” or any other similar button or action label, as may be designated by the Company to accept the terms of this TOS, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this TOS. 

19. Disclosures Required by Law

The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. The Company, may but is not obligated to, use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that the Company shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure. 

BY ACCEPTING THESE TOS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.

20.  Licenses Granted to Company

You shall be entitled to retain all of your ownership rights in any messages, posts, comments, or other submissions (“Communications”) you make on the Platform or through the Service. By submitting any Communications on the Platform or through the Service, you thereby grant the Company and its affiliates, sublicensees, partners, designees, and assignees of the Platform, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, translate, prepare alternate works of, publicly display, publish, and otherwise exploit such submissions and alternate works thereof in connection with the Platform or any Service offered therethrough, for any purpose, including, without limitation, for marketing or promotion through any media platforms currently existing or hereafter developed.

21.  Disputes

If there is any dispute about or involving the Company and/or the Service, you agree that any dispute shall be governed by the laws of the State of Illinois, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Illinois.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

22. Miscellaneous Terms; General Information

These TOS, in conjunction with any active service agreements entered into by and between yourself and the Company, govern the terms and conditions of your use of the Platform and the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Platform or the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Company’s Privacy Policy), guidelines, or rules that may apply when you use or purchase certain Content or products from the Platform or certain elements of the Service, affiliate services, third-party content or third-party software or hardware. The Company may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this Platform after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

The failure of the Company to exercise or enforce any right or provision of these TOS shall not operate as a waiver of such right or provision. Any waiver of the TOS by the Company must be in writing and signed by an authorized representative of the Company to be effective.

If any provision of these TOS is found by the applicable court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

The section titles throughout these TOS are for convenience only and have no legal or contractual effect.

Nothing contained in these TOS shall be construed to constitute either party as a partner, joint-venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

Please immediately report any violations of these TOS to Company at team@racetrackhero.com.